Category: Jurisprudence and Rulings (Fiqh)
Fatwa#: 37833
Asked Country: India

Answered Date: Jul 06,2017

Title: Touching one’s daughter by accident

Question

I am married for 30 plus years and have 5 children the youngest being 18 years of age. About 10 plus years ago, as far as I could recollect it was in the middle of the night that my wife was not with me in the bedroom but was sleeping some where else in the house I was not sure. Possibly with some of the younger kids. My eldest daughter who is now married and has 4 kids living separately was still with us and sleeping also with the younger kids. It was the middle of the night and I could not make sure whether it was she or my wife. Out of ignorance and possibly in half sleep I touched 4 my daughter's legs assuming her to be my wife asking her to come and sleep with me in our bedroom possibly out of tiredness and could be desire and not feeling sleepy. After a while I realized that it was my daughter not my wife. By touching one's daughter during the night assuming her to be the wife will this make my wife Haraam forever. Is there any such ruling. I had a flash of a doubt if it was something very terribly happened the next day. However, I forgot it at that times. Lately I was reading Madahir UlHaque the sharah of Mishkat Almasabeeh in which such situation is mentioned. Please inform what is the fatwa about this?

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your wife is not Haram upon you. The touching of your daughter without lust does not constitute incest (hurmat-e-musaharah)[1]

And Allah Ta’āla Knows Best

Saad Haque

Student Darul Iftaa
New Jersey, USA 

Checked and Approved by,
Mufti Ebrahim Desai.



[1] الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 33)

قلت: ويشترط وقوع الشهوة عليها لا على غيرها لما في الفيض لو نظر إلى فرج بنته بلا شهوة فتمنى جارية مثلها فوقعت له الشهوة على البنت تثبت الحرمة، وإن وقعت على من تمناها فلا.

احسن الفتاوى (٥/٨٤)

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